EDWARD JOE YOUNG, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EDWARD JOE YOUNG, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
973 So. 2d 624
Florida District Court of Appeal, Third District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).
Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to relief.
Reversed and remanded for further proceedings.
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Young v. State, 15 So. 3d 819 (Fla. 3d DCA 2009)…ilizing our standard admonition, “If the trial court again enters an order summarily denying [Young’s] post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to relief.” Young v. State, 973 So. 2d 624, 624 (Fla. 3d DCA 2008). Apparently misinterpreting our opinion to suggest that one of its options on remand was to conduct an evidentiary hearing on a Florida Rule of Criminal Procedure 3.800(a) motion, cf. Renaud v. State, 926 So. 2d 1241, 1241 (F…